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Delaware Durable Power of Attorney

A durable power of attorney stays in effect if you (the principal) later become incapacitated, which is exactly when your agent is needed most. In Delaware, a durable power of attorney generally must be signed before a notary public and one witness (Del. Code tit. 12, 49A-105).

This template collects the principal, the agent, the powers granted, and the durability language, then produces a Delaware durable power of attorney ready to sign, in Word and PDF.

Create your Delaware durable power of attorneyRead the full Durable Power of Attorney guide

Delaware signing requirements

Delaware durable power of attorney signing requirements at a glance
NotarizationYes, required
WitnessesOne witness
StatuteDel. Code tit. 12, 49A-105

One adult witness who is not the agent, plus the notary.

Financial powers of attorney in Delaware are governed by the Durable Personal Powers of Attorney Act (Del. Code tit. 12, ch. 49A), based on the Uniform Power of Attorney Act.

Verify before you rely on it

Power of attorney statutes change, and banks, hospitals, and county recorders can have their own acceptance practices. Confirm the current Delaware requirement in the statute cited above (or with your state's self-help resources) before signing your durable power of attorney.

How this template works in Delaware

Answer guided questions about the principal, the agent, and the powers you grant, and the document writes itself in front of you. Then sign it following the Delaware requirements above and download it in Word and PDF.

The form, the live preview, and the full guide live on the main Durable Power of Attorney page.

Other power of attorney forms for Delaware

Not sure this is the right variant? Each one solves a different problem: general authority, authority that survives incapacity, medical decisions, or a single defined task.

Durable Power of Attorney in other states